Would an EB-5 visa be a good option?

I am an Indian doctor who has lived in Guyana for 3 months and I want to get green card by EB 5. I have not been qualified by the American Board of Medicine to practice in the U.S.A. I have 1 child who is 8 years old and a wife who is a microbiologist. Would EB-5 be a good option if I made the full investment amount?

Answers

While I cannot address what other options you may have available to you, I can say that EB-5 is a viable option for you to obtain a green card for your entire family. However, nothing is without risk. You have to review the projects available for investment and select one that gives you the most confidence that your money will be returned and the required number of jobs will be created. Upon making the investment you will receive a conditional Green Card. If the project you invest in falls short of creating the required number of jobs, you will not receive a permanent green card and your conditional green card will no longer be valid.

While an immigrant who is coming to the United States to primarily work in the field of medicine must meet certain U.S. licensing and immigration requirements, if you are seeking an EB-5 visa as an investor then you are still permitted to seek admission to the country. Assuming you are otherwise eligible for an immigrant visa (once your EB-5 petition is approved), then if you wish to work in the United States as a doctor then you will need to work on those licensing requirements while you are here. If you wish to seek another employment-based immigrant or non-immigrant visa to work in the United States, the path to residency will require a U.S. employer to offer you a position. The process for obtaining residence under the EB-5 program (if you are an accredited investor and eligible) may be faster than the doctor visa program. If you have further questions about the EB-5 process, please feel free to contact me.

The EB-5 pilot program has been extended for another 3 years last fall and EB-5 is currently one of the fastest way to obtain the green card. With a regional center with a good track record, you should be able to come into the U.S. within a year and a half. You should do your due diligence carefully before choosing a regional center.

EB-5 appears to be a good investment for you. This is specially so because you do not have a license to practice I the US and this would be a hindrance to any employment based visa. As far as green cards go EB5 is the fastest way to get a green card assuming the petition is properly filed and well documented.

EB-5 program might be a very good option for you if you have sufficient funds to support your family in the event the invested funds were lost due to poor performance of the business in which you had invested. You will also need to be able to demonstrate the lawful source of the investment funds. Because EB-5 visa offers you a direct opportunity to receive a conditional green card and have your immediate family (wife and child) immigrate with you as conditional permanent residents upon approval of your I-526 petition, this might be a very good option for you and your family if you wish to eventually obtain permanent residence and citizenship in the US and protections of this country. Please do not hesitate to contact me, should you have any further questions.

If you can meet the EB-5 requirements there is no reason why not but you cannot practice medicine and if this is the position you would fill under the EB-5 visa petition, it would be denied. You must be authorized to practice medicine (ECFMG) to work here as a medical doctor.

EB-5 is an excellent alternative for applicants who have a medical background and who wish to practice medicine in the United States with proper licenses and authority. The other alternatives are being sponsored from the United States are much longer and arduous. If you have the financial ability to be able to make an EB-5 investment, it is highly recommended. We have seen this firsthand with a very good results. The medical student in question received a gift from his grandfather for the investment amount and at the age of 23 was able to not only become a doctor in the United States but also become a resident with full rights to be able to work wherever he so chose. Good luck in your career.

EB-5 might be a great option for you, however the best advise is for you to discuss your case with an immigration attorney so that he or she is able to explain all of your options. If you have any questions, please do not hesitate to contact me. Thank you.

EB5 would be the perfect option for you, as without a Green Card, you are restricted from applying and taking many positions. Not many hospitals will file for your green card. The EB5 option will also cover your spouse and child.

The EB-5 program has either a direct or an indirect investment option. A direct investment would be, for example, a company owner moving his television station from one country to the USA, a project in which I was the lead attorney. Such an investment requires at least $1 million in capital. An indirect investment would be one that invests in a Regional Center, and requires far less of an investment, typically $500,000. You can avoid day to day responsibilities for the project, and get a return on your capital. However, you need to pick your investment carefully. There are many Regional Centers in the USA, and like any investment, its objectives may not be to your liking. Choose carefully. Our office can help you with all aspects of the EB-5 Program. Please call to set up a conference call at your convenience.

Steven Anapoell

Securities Attorney

Answered onFebruary 14, 2013

EB-5 is a viable option for you.

Philip H Teplen

Immigration Attorney

Answered onFebruary 14, 2013

Yes, if you have the funds, an EB-5 could be an excellent option. However, it is important to carefully select an investment, both for approvability and safety of capital.

This is an investment just like any other. So there is always a risk that an investment may not play out as intended. Thus, you should not choose this option if this is your retirement money, for example, or if this is your family''s entire fortune and your future depends on it. In my opinion, this is good option for those folks who can afford the worst case scenario - an investment that is lost or greatly diminished, just like any other investment in any business. If you can afford to lose this money, you can consider it. If not, I would not recommend it.

Neville M Leslie

Immigration Attorney

Answered onFebruary 14, 2013

Yes. Sounds like a fit.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.